Search results : 1399

In its final judgment of 12 November 2013 (case no. 3 U 348/13), the Oberlandesgericht Nürnberg (Nuremberg Appeal Court - OLG) ruled that an application for an injunction against a company, and for reimbursement of the cost of issuing a caution following a breach of the obligation to publish legal information on an Internet platform (in this case, Facebook), was inadmissible under Article 8(4) of the Gesetz gegen den unlauteren Wettbewerb (Unfair Competition Act - UWG) if, taking all the circumstances into account, it represented an abuse of the law. The court considered that an abuse of the law...

In a decision of 20 December 2013, the Oberlandesgericht Köln (Cologne Appeal Court - OLG) rejected a complaint from 11 newspaper publishers about the Tagesschau app (case no. 6 U 188/12), which it ruled was an admissible media service. The Landgericht Köln (Cologne District Court - LG Köln) had upheld the complaint in the first instance (ruling of 27 September 2012, case no. 31 O 360/11, see IRIS 2012-10/8). The LG Köln had decided that the Tagesschau app was different from the “tagesschau.de” website and that it breached Article 11d(2)(3) of the Rundfunkstaatsvertrag (Inter-State Agreement on...

In a ruling of 13 December 2013 (case no. 6 U 114/13), the Oberlandesgericht Köln (Cologne Appeal Court - OLG) decided that the quotation right enshrined in Article 51 of the Urheberrechtsgesetz (Copyright Act - UrhG) did not cover all forms of critical debate concerning films. Distributing excerpts of a protected film for the purpose of blanket criticism was therefore contrary to copyright law. The maker of a documentary film had launched an action against the operator of a YouTube channel, who had published a video on the YouTube platform, in which excerpts of the said film had been shown and...

According to media reports, the Landgericht Hamburg (Hamburg District Court) issued a decision on 24 January 2014 (case no. 324 O 264/11), ordering the search engine provider Google Inc. to remove from its search results six secretly taken photographs showing the plaintiff engaging in sexual acts with prostitutes. Third parties had taken the photographs illegally and first published them on the Internet in 2008. The person depicted had successfully taken court action to stop distribution of the images in 23 countries. Although he had also demanded several times that Google should prevent the...

In a ruling of 11 December 2013 (1 BvR 194/13), the 3rd chamber of the First Senate of the Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) decided that the description of somebody as a "durchgeknallte Frau" (“crazy woman”) on an Internet portal was not covered by the fundamental right to freedom of expression. The complainant, a former district administrator and member of the Bavarian parliament, posed for Playboy magazine at the end of 2006. The photos were published in 2007. The defendant in the original procedure had published the images on its website, along with a text containing...